Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1887-03-31

expired on March 3, l119, dIsinS cess
OF the Legislature, was appointed u the
Governor to be his own successor, and he
was admitted question, so far as the jour
mails of the sena.c disclosed having been
raised in the case.
The second case was that of Uriah lacey,
6 Senator FROM the State of Connecticut,
whose term ex the Sd day of March,
1901. Under a. intment by the Cover
nor he was admitted to his seat on March 4,
1901, after heated discussion, and by a
party vote of 1Sto 10.
In 1928, however, the loose manner in
which the requirements of the Constitution
had been construed led to fuller and bet
ter examination of the whole subject, and
in that year the case of James Lanman, OF
Connecticut, was made the basis of a care
full consideration of the question, which re-
suited in the establishment of Il precedent
by which the Senate of the United States
was governed for upwards of fifty years.
That occasion settled the principle that the
Constitution of the U. 5. conferred upon
the Legislature alone the power to choose a
Senator for nel0 term, and that when such
term began, even in the recess Of a Legis-
lature, there was not such o vacancy as au-
thorized the Governor Of state TO appoint
The facts we're briefly these: James Lar
man was a Senator from Connecticut, and
his services expired on March 3, 1925.
The President of the T. S. had called 4
special session of the U. : Senate for March
I, 1925
There was no Legislature of Connecticut
then in session, and there would be none
until the May following. The Governor
appointed Mr.. Lanman his own successor
When his credentials were presented objec
ton was made to the validity of the ap
pointmeut, and the subject was discussed
and the result reached which has already
been indicated. He was rejected; and thi
precedent was never departed from down t.
the year 1879, when the Bell case from New
Hampshire arose.
The facts OF that case were these; BY rea
son of a change in the Constitution of tina
State. which took effect in October, 1878
tro Legislatures were elected in that year
one under the old Constitution chosen il
March. 1878, and whose Germ of Office com
menced in June, 1878, and terminated il
MAY. 1879 !; the other under the new Con
s.itution. was chosen in NocemJer, 1873, t
serve for two years-the term commencin.
in June 1879.
4 large majority of the Committee OIL
Privileges and Elections in the T. 5. Sen
ate. to whom the matter was referred, ant
consisting of Senators Salisbury, Benz II
Hill, Bailey, Herman, Houston and Vance
reported against the validity of the appoint
ment
4 minority report was made signed b.
Senators Hoar, Cameron, of Wisconsin, an,
ingalls, in favor Of he admission of Bell
4 very able debate, running through sew
eral days, was had upon the question ant
was participated in by such men as Benja
min II. Hill, Matthew Carpenter, Rosco
Conkling, Francis Herman, Judge DaviC
Davis. Senators Eaton, Beck, Wallace, Gar
land lat present Attorney General of tn
United States. Lamar Pendleton and 9th
ers who denied the right of the appoint
mcnt; while Senators Edmunds, Cameron
Hoar. Bayard aud others, took the opposite
views. The last named Senator (Bayard
seems to have been governed in his action
10y the following considerations The Ac
of Congress of 1866 provides that "the Leg
islature of each State which is chosen ReC
preceding the expiration of the time TO
which any Senator was elected shall cioos
q successor.
Now, as the Legislature of New Hamp
SHIRE which came into existence in June
1879, was that chosen, in Mr.. Bayard's opin
ion, negt preceding the expiration of thu
Senatorial term, it alone, in his judgment
could elect a Senator. But this was impos
,ible. because when the vacancy occurred
March f. 1871 that Legislature, aHtougl
then chosen, had no power to electro leg
is'rtire or otier Po'rer existing until the JIM
tol'oping such rrcqacy. Besides, the L. ;
Senate, 10y resolution pasSSd it seems while
the old Legislature was in session (but
which few Senators appear to have known
much about expressed the opinion that
Nat Legislature had no power to elect.
}lr. Bayard thought that under these
circumstances Mr.. Bell ought to be admit
ted and he accordingly so voted.
The very able debate upon this question
turned largely upon the pivotal words "hap
pen BIZ resiqlqt on or ohlerrjse"- "and if any
vacancies happen by resignation or other
wise during the recess of the Legislature OF
any State the Executive thereof may make
temporary appointments etc.
Mr. Hill insisted that the power of APP
poiutment by Governor was only when a
vacancy happened, and that such vacan-
cy was confined to an unforeseen, unknown
or casual event, and did not, and could not.
embrace a regular or new Senatorial term,
the expiration Of which could always be
known. In support of this construction he
said:
- vacancy that happens means a differ